Robert M. Hammers | August 27, 2024 | Georgia Law
Whether you are driving a car, riding a bike, or walking, understanding Georgia’s right-of-way rules will help keep you safe on the road. Right-of-way laws are explained in Georgia codes O.C.G.A. § 40-6-70 through § 40-6-77, but drudging through legal documents can be time-consuming and confusing.
Knowing who has the right of way in any circumstance can prevent accidents and improve safety for everyone on the road.
What Is the Right of Way?
The term “right of way” refers to which person (pedestrian, driver, cyclist, etc.) has the lawful authority to proceed at an intersection, stoplight, crosswalk, or other junction. For example, if two vehicles enter an intersection with no traffic light, the driver on the right side has the right to proceed through the intersection after stopping.
If there were a crosswalk at the intersection, all drivers would yield to the pedestrian, giving them the right of way.
Violating right-of-way laws can cause severe injuries and chaos on the roadways. Drivers and others depend on one another to observe right-of-way laws to prevent auto accidents and to keep the flow of traffic moving. Georgia takes observance of right-of-way rules seriously.
Per state law, the penalties for breaking right-of-way laws include:
- A minimum of a $250 fine for the first offense
- Up to a $1,000 fine for repeat offenders
- Up to one year in jail for repeat offenders
Right-of-way violations can be used as evidence in civil lawsuits and auto accident insurance claims. If a driver violated right-of-way rules and caused a collision, the victim could be entitled to compensation for medical bills and other damages through a personal injury claim.
Unique Right-of-Way Scenarios
Most drivers understand basic right-of-way laws. These rules are among the first laws new drivers learn about when studying for their driver’s license test. While these laws are typically straightforward, there are times when determining the right of way is more confusing. For example, who has the right of way in a parking lot or when a driver is backing up?
Parking Lot Right-of-Way Rules
With so many vehicles driving in various directions, it can be confusing to decide who has the right of way in a parking lot. Generally, the right of way belongs to the vehicle in the main driving lane.
Similar to intersection rules, the right of way typically goes to the vehicle on the right. Follow the traffic signs within the lot to reduce the risk of accidents. Whether you are trying to enter or exit a parking spot, you must yield to any oncoming traffic.
Backing Up Right-of-Way Rules
Right-of-way rules indicate that the car moving forward has the right of way. However, a driver who’s speeding through a parking lot or not paying attention could be found at fault.
If two cars are backing up and collide with each other, both drivers will likely be considered at fault. When backing out of a driveway, the driver should yield to any vehicle coming down the street. Some exceptions may apply. A driver who is speeding or distracted may be found at fault if an accident occurs.
Do You Know the Right-of-Way Rules in Georgia?
If you’ve been in an accident caused by right-of-way confusion, don’t assume you know who’s at fault. Different circumstances can influence who is legally at fault for an accident, even if one of the drivers violated the right-of-way law. Speaking with an experienced Georgia car accident attorney is the best way to determine fault and receive the compensation you deserve.
Contact the Georgia Personal Injury Lawyers at Hammers Law Firm Today
For more information, contact the Georgia Personal Injury law firm of Hammers Car Accident & Personal Injury Lawyers to schedule a free initial consultation. We have convenient locations in Atlanta, Sandy Springs, Lawrenceville, Mableton, Smyrna, and Roswell.
We serve Fulton County and its surrounding areas:
Hammers Car Accident & Personal Injury Lawyers – Atlanta
201 Joseph E Lowery Blvd NW Suite 312,
Atlanta, GA 30314
(770) 900-9000
Hammers Car Accident & Personal Injury Lawyers – Sandy Springs
5555 Glenridge Con, Suite 975,
Sandy Springs, GA 30342
(678) 605-9838
Hammers Car Accident & Personal Injury Lawyers – Lawrenceville
265 Culver St S. Suite A.
Lawrenceville, GA 30046
(678) 916-8584
Hammers Car Accident & Personal Injury Lawyers – Mableton
5701 Mableton Pkwy SW Suite 108,
Mableton, GA 30126
(706) 480-5487
Hammers Car Accident & Personal Injury Lawyers – Smyrna
2400 Herodian Way Ste#220,
Smyrna, GA 30080
(678) 922-4497
Hammers Car Accident & Personal Injury Lawyers – Roswell
110 Mansell Cir #111,
Roswell, GA 30075
(678) 582-8466